Terms of Service

IMPORTANT NOTICE:  Section 10 of these Terms requires binding individual arbitration for dispute resolution (for users in the United States) and includes a class/representative-type action waiver.  This affects your legal rights, including your right to file a lawsuit in court, have a jury trial or to participate in a class action. You may opt out of the arbitration provision within 30 days of first accepting these Terms. By using the Services, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms. You may not submit any information or use the services if you (a) do not agree to these terms, (b) are not at least 18 years of age or of legal age to form a binding contract, or (c) are prohibited from accessing or using the services by applicable law.

These Terms of Service ("Terms") constitute a legally binding agreement between you and Fuze Technology Inc. ("Fuze," "we," "our," or "us") and govern your access to and use of all current and future products, services, platforms, and offerings provided by Fuze Technology Inc. (collectively, the "Services" or "Platform").  These Terms incorporate our Privacy Policy by reference.  In the event of a conflict between these Terms and the Privacy Policy with respect to a non-privacy-related matters, these Terms control.

1.   THE FUZE PLATFORM AND SERVICES

1.1  Scope.

"Services" means all products, services, platforms, applications, hardware, software, kiosks, point-of-sale terminals, digital media, advertising and marketing solutions, payment and commerce services, loyalty and subscription programs, data intelligence products, and any other current or future offering made available by Fuze Technology Inc. under the FUZE brand, whether accessed digitally, physically, or otherwise.  Products and services launched after the Effective Date are automatically incorporated into these Terms from their launch date, unless a separate agreement is expressly provided.

1.2  Eligibility.

To form a binding contract under these Terms, you must have the legal capacity to do so under applicable law, which in most jurisdictions requires you to be at least eighteen (18) years of age.  If you are below the age of majority in your jurisdiction, you must have the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.  Fuze reserves the right to verify eligibility and to deny, suspend, or restrict access to any user at its sole discretion.

1.3  Accounts.

Certain Services require account registration ("Account"). You must provide accurate, current, and complete information and keep it updated. You are responsible for all activity under your Account and for the confidentiality of your credentials. You may not create multiple Accounts, use another person's Account, or re-register following termination. Fuze may suspend, restrict, or terminate your Account at any time, with or without cause, and with or without notice, in its sole discretion. Upon termination, your license to use the Services is immediately revoked and Fuze may retain or delete your data in accordance with our Privacy Policy and applicable law.

1.4  Electronic Communications Consent.

By creating an Account or using any Service, you consent to receive communications from Fuze electronically, including by email, in-app notification, push notification, SMS (subject to separate consent where required), and through notices posted on our website.  You agree that all communications we provide electronically satisfy any legal requirement that such communications be in writing.  This consent applies to notices, disclosures, agreements, and other communications relating to your Account, the Services, and these Terms, including modifications to these Terms.

2.   DEVICE RENTALS

2.1  Service Description.

Through the chargeFUZE Service, Fuze offers temporary rentals of portable charging devices ("Chargers") from physical stations deployed at various locations ("Stations").  Fuze is not a common carrier.  Chargers are provided as a convenience only.  All Rental terms — including pricing, availability, duration, eligible locations, maximum rental periods, and loss or damage policies — are determined by Fuze in its sole discretion and may vary at any time.

2.2  Initiating a Rental.

You may initiate a Rental through the App, text-to-rent, card-present/POS, or any other method Fuze makes available.  By initiating a Rental through any method, you agree to the pricing and terms displayed at the time of initiation.  By texting to initiate a Rental, you consent to receive transactional text messages necessary to complete the Rental.  Standard message and data rates may apply.

2.3  SMS.

By providing your phone number in connection with any Service, you agree to receive informational text messages, including transactional notifications, account alerts, and customer support messages.  Message frequency varies.  Message and data rates may apply.  Reply HELP for help.  Reply STOP to opt out of promotional messages at any time.  Separate express consent is required for promotional SMS, solicited at the relevant time.  Opting out of transactional SMS may limit certain Services.

2.4  User Obligations.

By initiating a Rental, you represent and agree that:  (a) you accept the pricing and terms displayed; (b) you will inspect the Charger before use and return any defective unit immediately; (c) you will use the Charger solely for its intended purpose; (d) you are solely responsible for device compatibility; (e) you will return the Charger within the applicable period; (f) you will promptly report any damage, loss, theft, or incident; and (g) you assume all risks associated with use.

2.5  Charger Functionality.

Chargers are battery-powered devices subject to natural depletion.  Fuze makes no guarantee regarding charge level, charging rate, compatibility, or duration of power supply.  These characteristics are inherent to battery-powered devices and do not constitute defects.

2.6  Assumption of Risk.

USE OF CHARGERS AND STATIONS INVOLVES INHERENT RISKS.  YOU ASSUME FULL AND COMPLETE RESPONSIBILITY FOR ALL RISKS, DAMAGES, AND HAZARDS — WHETHER FORESEEABLE OR UNFORESEEABLE — ASSOCIATED WITH YOUR USE OF CHARGERS AND STATIONS, INCLUDING RISKS ARISING FROM MALFUNCTION, ENVIRONMENTAL CONDITIONS, DEVICE INCOMPATIBILITY, AND ACTS OR OMISSIONS OF ANY PARTY.

2.7  Proposition 65 (California).

WARNING:  Chargers and Stations can expose you to chemicals including chromium, which is known to the State of California to cause cancer and birth defects or other reproductive harm.  For more information:  www.p65warnings.ca.gov.

3.   PRICING, PAYMENTS, AND FEES

3.1  Pricing.

All pricing for Rentals and other paid Services is set by Fuze in its sole and absolute discretion and is subject to change at any time without prior notice, except as may be required by applicable law. Pricing will be displayed at the time you initiate a transaction. By proceeding, you agree to the pricing as displayed. Fuze may use time-based, flat-fee, dynamic, surge, tiered, subscription, promotional, event-specific, personalized, or any other pricing methodology, and may modify pricing structures at any time.

3.2  Currency.

Prices may be quoted in United States Dollars or local currency. Fuze does not charge an additional currency conversion fee; however, your financial institution may apply conversion, foreign transaction, or other fees, which are solely your responsibility.

3.3  Fees.

Fuze may establish and modify, at any time and in its sole discretion, any fees associated with the Services, including but not limited to: rental fees, loss fees, damage fees, late-return fees, service fees, convenience fees, subscription fees, membership fees, and any other fees Fuze deems appropriate. The applicable fee schedule will be presented to you at or before the time of the relevant transaction. If no specific fee is presented, the default fee schedule published on our website applies. Loss and damage fees may be assessed at any time after the relevant Rental or event giving rise to the fee.

3.4  Preauthorization.

Fuze may preauthorize a charge to your payment method at the time you begin a transaction, in an amount determined by Fuze.  This preauthorization will be voided and replaced with the actual charge upon completion of the transaction.

3.5  Taxes.

Pricing is exclusive of applicable sales, use, VAT, GST, and other government-imposed taxes and charges, which will be added where required by law.  You are responsible for all applicable taxes.

3.6  Subscriptions and Recurring Billing.

Certain current or future Services may be offered on a subscription, membership, or recurring-payment basis.  By enrolling in any recurring-payment Service:  (a) you authorize Fuze to charge your Payment Method at the applicable interval (monthly, annually, or as otherwise specified) at the then-current rate; (b) to the extent permitted by the applicable law, your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date through the method specified in the applicable Service; (c) Fuze may change subscription pricing upon reasonable notice (or such notice as required by applicable law), and your continued subscription after the price change takes effect constitutes acceptance of the new pricing; and (d) refund policies for subscription fees will be specified in the applicable Service's terms.

3.7  Promotional Codes.

Fuze may issue promotional codes ("Promo Codes") subject to additional terms. Promo Codes must be used lawfully for their intended purpose, may not be duplicated or transferred, may be revoked at any time without liability, are not redeemable for cash, and are void if obtained or used fraudulently. Fuze may reclaim discounts associated with improperly used Promo Codes.

3.8  Payment Methods.

You must provide a valid payment method ("Payment Method") for paid Services. By providing a Payment Method, you represent you are authorized to use it, authorize Fuze to charge it for all applicable amounts, and agree to keep it current. Payment processing is handled by third-party processors. Fuze does not store full payment card numbers.

3.9  Disputed Charges.

If you believe a charge is incorrect, you must notify Fuze within ten (10) business days from the end of the calendar month in which the charge appeared, with sufficient information to identify the transaction.  Failure to notify within this period constitutes acceptance of the charge.

4.   LICENSE, DATA OWNERSHIP, AND ACCEPTABLE USE

4.1  Limited License.

Subject to your compliance with these Terms, Fuze grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your personal, non-commercial use. This license does not include any right to resell, commercially exploit, create derivative works from, or extract data from the Services.

4.2  Prohibited Uses.

You may not: (a) violate any applicable law, regulation, or third-party right; (b) use automated tools, bots, scrapers, or similar technologies to access, monitor, or extract data from the Services; (c) introduce malicious code, viruses, worms, Trojan horses, ransomware, or any other harmful material or disruptive technology that may damage, interfere with, or compromise the integrity or security of the Services or any third-party systems; (d) use the Services or Fuze’s content to train, develop, evaluate, fine-tune, improve, or otherwise incorporate into any machine learning, artificial intelligence, or generative AI system without Fuze's express prior written consent; (e) reproduce, sell, resell, sublicense, distribute, publicly display, publicly perform, or exploit the Services or Fuze’s content for any commercial purpose; (f) circumvent, disable, or interfere with any security, technical, or access-control feature of the Services, including through the use of VPNs, proxies, location spoofing, or similar tools to access Services or features not available in your jurisdiction; (g) access the Services from a jurisdiction where your use is prohibited by applicable law; or (h) use the Services in any manner inconsistent with the spirit or letter of these Terms; (i) remove, obscure, or alter any proprietary notices, labels, trademarks, or copyright notices displayed on or through the Services; (j) engage in any conduct that could damage, disable, overburden, or impair the Services or servers or networks connected to the Services, or interfere with any other user's ability to use and enjoy the Services.

4.3  Fuze's Data Rights.

As between you and Fuze, Fuze exclusively owns all rights, title, and interest in and to:  (a) all aggregated, de-identified, anonymized, or pseudonymized data derived from or generated through the Platform, regardless of the source of the underlying data; (b) all audience segments, behavioral models, interest profiles, analytics outputs, and other insights or derivative data products created by Fuze using Platform data; (c) all algorithms, machine learning models, and data intelligence systems developed by Fuze; and (d) all usage data, metadata, and operational data generated by the Platform. You hereby irrevocably assign to Fuze any and all rights, title, and interest you may have or acquire in any of the foregoing, and agree to execute any documents reasonably requested by Fuze to perfect or record such assignment. You acknowledge that the foregoing data, models, and outputs constitute valuable proprietary assets of Fuze, and agree not to reverse engineer, attempt to reconstruct, or otherwise seek to derive any proprietary information from such assets.  You have no ownership interest in any such data, and these rights are irrevocable and survive termination of your Account and these Terms.

4.4  Intellectual Property.

All Content on the Services — including text, graphics, images, video, software, and code — is owned by or licensed to Fuze and protected by applicable intellectual property laws.  All trademarks, service marks, and logos, including FUZE and chargeFUZE, are owned by or licensed to Fuze.  Other than the limited license granted to you under Section 4.1 above, nothing in these Terms grants you any right in Fuze's intellectual property.  Fuze reserves the right to seek injunctive or equitable relief in any court of competent jurisdiction, without the requirement to post a bond or other security, without prejudice to any other rights or remedies available to Fuze at law or in equity, and without the necessity of proving actual damages, for any actual or threatened violation of its intellectual property rights. Your use of the Services does not grant you any rights in the Services beyond the limited license expressly set forth in these Terms. All rights not expressly granted herein are reserved by Fuze.

5.   USER CONTENT, FEEDBACK, AND COPYRIGHT

5.1  Feedback.

By providing feedback, suggestions, ideas, or other submissions ("User Submissions"), you grant Fuze a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, sublicensable right to use, reproduce, modify, distribute, and exploit your User Submissions for any purpose.  User Submissions are not confidential.

5.2  User Content.

You retain ownership of content you submit that is visible to other users ("User Content"), but you grant Fuze an unconditional, non-exclusive, royalty-free, transferable, sublicensable, worldwide, perpetual, irrevocable license to use, display, reproduce, adapt, modify, distribute, and create derivative works from your User Content for any purpose.  Fuze may remove User Content at its sole discretion.

5.3  Your Representations.

You represent and warrant that (a) you own or have all necessary rights, licenses, consents, and permissions to submit, post, or otherwise make available your User Submissions and User Content through the Services, and to grant the licenses and rights described in these Terms; (b) Fuze’s and its affiliates’, subsidiaries’, licensors’, assignees’, and successors’ use of your User Submissions and User Content as described herein will not infringe, misappropriate, or violate any intellectual property right, privacy right, publicity right, moral right, or any other proprietary or personal right of any third party, or violate any applicable law, regulation, or contractual obligation; (c) your User Submissions and User Content do not and will not contain any material that is false, defamatory, obscene, harassing, threatening, or otherwise unlawful; and (d) you acknowledge and agree that as between you and Fuze, Fuze owns all right, title, and interest in and to the Services, including all underlying technology, software, algorithms, interfaces, designs, and all intellectual property rights embodied therein, and nothing in these Terms shall be construed as transferring or granting to you any ownership interest in or to the Services or any component thereof.

5.4  DMCA.

If you believe material on the Services infringes your copyright, submit a notice through the contact form on our website  or please send a written notice of claimed infringement to Fuze’s designated copyright agent at:
By mail: 3100 E 12th Street, Los Angeles CA 90023
By email: legal@fuzetechnology.com

Fuze has adopted a policy, in compliance with the Digital Millennium Copyright Act (“DMCA”), to enable, at its sole discretion, the expeditious removal of infringing material and the termination of repeat infringers’ accounts.

To be effective, your notice of claimed infringement must include all of the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Fuze to locate the material (providing specific URLs is the most effective way to help Fuze locate the content quickly);
Information reasonably sufficient to permit Fuze to contact the complaining party, such as a mailing address, telephone number, and email address;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Please note that information provided in this notice may be forwarded to the person who provided the allegedly infringing content.

6.   ADVERTISING, MEDIA, AND DATA SERVICES

6.1  Advertising.

Fuze operates advertising and media services as a core function of the Platform. You may be presented with advertisements, sponsored content, and promotional materials from Fuze and third-party advertisers. The manner, frequency, format, placement, and targeting of advertising is determined by Fuze in its sole discretion and may change at any time.

6.2  Data-Driven Personalization.

Fuze uses information collected through the Platform to personalize advertising, content, and experiences, and to retarget you across third-party channels, as described in our Privacy Policy.  By using the Services, you acknowledge these practices.

6.3  Location-Based Services.

To the extent you have consented to location sharing, Fuze may use your location data to deliver contextual advertising and promotions in real time.  You may withdraw consent through your device settings.

6.4  No Endorsement.

Display of third-party advertising does not constitute endorsement by Fuze. You engage with advertised products at your own risk and Fuze has no liability for any third-party product, service, or claim.

7.   THIRD-PARTY PLATFORMS

7.1  Third-Party Services.

The Services may integrate with or link to third-party websites or platforms ("Third-Party Platforms"). Fuze is not responsible for any Third-Party Platform's functionality, content, data practices, or availability. Your use of Third-Party Platforms is subject to their terms. Any separate charges or obligations that you may incur in your dealings with these third parties are your sole responsibility. We are not responsible for any such third-party websites, services or content and do not have control over any materials made available by them. Our inclusion of a link to a third-party website, services or content in the Services does not in any way imply our endorsement, advertising, or promotion of such websites, services or content or any materials made available by them. By accessing a third-party website, services or content, you accept that we do not exercise any control over such websites, services or content and have no responsibility for them. The third-party sites may collect data or solicit personal information from you. We are not responsible for the privacy policies of third-party sites, or for the collection, use or disclosure of any information these sites may collect. We encourage you to familiarize yourself with the terms of service and privacy policy applicable to any third-party website, services or content you may access. We do not warrant or endorse, do not assume, and will not have any liability or responsibility to you or any other person for any third-party products, services, content, materials or websites. Please note that the applicable third party is fully responsible for all goods and services it provides to you and for any and all damages, claims, liabilities, and costs it may cause you to suffer, directly or indirectly, in full or in part.

7.2  Payment Processors.

Fuze uses third-party payment processors.  By submitting payment information through the Services, you authorize Fuze and its designated payment processor(s) to charge your selected payment method for all applicable fees. You agree to be bound by the terms of service and privacy policies of the applicable payment processor(s), which are incorporated herein by reference. Fuze does not store, access, or control your payment credentials, which are handled directly by the payment processor(s) in accordance with their respective security and compliance standards, including PCI-DSS compliance where applicable. Fuze is not responsible for their acts or omissions, including without limitation any failure to process a transaction, unauthorized charges, data breaches, or service interruptions attributable to such processors. Any disputes regarding payment processing should be directed to the applicable payment processor directly.

7.3  Venue Partners.

Stations may be deployed at third-party venues.  Those venues are independent of Fuze.  Fuze does not own, operate, manage, or control any third-party venue, and makes no representation or warranty regarding the condition, safety, accessibility, or suitability of any venue. Your interactions with venue operators, their employees, agents, or premises are solely between you and the applicable venue operator. You release Fuze and its affiliates, officers, directors, employees, and agents from claims arising from or related to your interaction with venue operators or their premises.

7.4  Partner Offers.

Partner offers or co-branded services made available through the Platform may be governed by additional partner terms. Where these Terms conflict with partner terms on Fuze-related matters, these Terms control.

8.   INTERNATIONAL USE AND COMPLIANCE

8.1  Availability.

The Services are available in the United States, Canada, Mexico, Australia, the United Kingdom, and the European Union and EEA.  Your use is subject to all applicable local laws. OUR SERVICES ARE NOT INTENDED FOR DISTRIBUTION TO OR USE BY ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LAW OR REGULATION OR WHICH WOULD SUBJECT FUZE TO ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY, AND THE USE OF THE SERVICE IS UNAUTHORIZED IN ANY SUCH JURISDICTION OR COUNTRY. YOU AGREE NOT TO ACCESS OR USE THE SERVICES IN ANY SUCH JURISDICTION OR COUNTRY. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE USE OF THE SERVICES IS LAWFUL IN THE JURISDICTION OR COUNTRY WHERE YOU ARE LOCATED.

8.2  Privacy.

The collection, use, and disclosure of personal information is governed by our Privacy Policy. By using the Services, you consent to the transfer of your information to the United States and other jurisdictions as described in the Privacy Policy.

8.3  Export and Sanctions Compliance.

You may not access or use the Services if you are located in, or a national or resident of, any country subject to comprehensive sanctions by the United States, or if you are on any applicable restricted party list. You will not export or re-export any Platform data, technology, or technical information in violation of applicable export control laws.

9.   CONSUMER RIGHTS — INTERNATIONAL USERS

9.1  European Union and United Kingdom.

If you are a consumer residing in the EU or UK, nothing in these Terms limits or excludes any mandatory rights you have under applicable consumer protection law, including the Consumer Rights Act 2015 (UK), the Unfair Contract Terms Directive (EU), or the Consumer Rights Directive (EU). To the extent any provision of these Terms is deemed an unfair contract term under applicable EU or UK law, that provision will not apply to you. The arbitration and class action waiver provisions in Section 10 do not apply to you. You may bring claims in the courts of your country of residence.

9.2  Australia.

If you are a consumer within the meaning of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), our Services come with guarantees that cannot be excluded under that law.  Nothing in these Terms purports to modify or exclude the conditions, warranties, and undertakings implied by the Australian Consumer Law or any other applicable law to the extent they cannot be lawfully excluded.  The arbitration and class action waiver provisions in Section 10 do not apply to you to the extent prohibited by Australian law.

9.3  Canada.

If you are a consumer residing in Canada, your rights under applicable provincial or federal consumer protection legislation, including but not limited to the Consumer Protection Act (Quebec) and equivalent provincial statutes, are not limited by these Terms to the extent such rights cannot be waived or limited by contract.  The arbitration provision in Section 10 applies to you only to the extent permitted by applicable law in your province of residence.

9.4  Mexico.

If you are a consumer residing in Mexico, your rights under the Federal Consumer Protection Law (Ley Federal de Proteccion al Consumidor) are not limited by these Terms to the extent such rights cannot be waived.

9.5  General.

The carve-outs in this Section 9 override any contrary provision in these Terms as applied to residents of the identified jurisdictions.  In the event of a conflict between this Section and any other Section of these Terms, this Section controls for the affected users.

10.   BINDING ARBITRATION AND CLASS ACTION WAIVER

THIS SECTION APPLIES TO USERS IN THE UNITED STATES AND OTHER JURISDICTIONS WHERE MANDATORY ARBITRATION IS PERMITTED BY LAW.  IT DOES NOT APPLY WHERE PROHIBITED (SEE SECTION 9).

10.1  Informal Resolution.

If you or Fuze have any dispute, each party agrees to first try to resolve it informally. Both of us agree to have a 30-day informal dispute resolution period allowing us time to negotiate a settlement of the dispute in good faith. Thus, prior to initiating arbitration (as described below), the initiating party must send the other side a written notice (“Notice of Dispute”). Any Notice of Dispute must include the following, at a minimum: (a) your full legal name, email address; (b) detailed description of your claim or dispute with us, including the applicable dates; (c) the specific damages or other remedy or remedies that you are seeking.

The Notice of Dispute must be sent to our registered address at:
FUZE TECHNOLOGY INC. 3100 E 12th Street, Los Angeles, CA 90023
followed by a copy to legal@fuzetechnology.com.
‍
If we cannot resolve our Dispute within thirty (30) days, the party commencing the Dispute may file for arbitration according to the requirements in these Terms. You and we agree that a compliant Notice of Dispute is a jurisdictional requirement to the commencement of arbitration. If the Notice of Dispute does not contain all the required information, arbitration shall not be instituted, and the party opposing arbitration shall not be subject to any arbitration fees. You and Fuze understand and agree that any Dispute that has not first complied with the informal dispute resolution process described above in this Section 10.1 shall not be accepted by the arbitration provider, and shall be deemed frivolous under Federal Rule of Civil Procedure (“FRCP”) 11(b); further, the arbitrator may allocate any arbitration fees and/or costs to any party that files a frivolous claim in violation of this Section and shall be subject to dismissal if asserted in court.

10.2  Arbitration Agreement.

To the fullest extent allowed by law, we and you agree to resolve all Disputes in individual binding arbitration, subject to Section 10. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and Fuze that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use of the Services, all marketing related to the Service, your or third-party use of the Service, any licensed content, and all matters relating to or arising from these Terms (including our Privacy Policy and all other terms incorporated into these Terms) or any other agreement between you and us, including any disputes over the validity, enforceability, or interpretation of this agreement to arbitrate. Our Dispute shall be subject to the CLASS ACTION WAIVER AND REPRESENTATIVE-TYPE ACTION WAIVER provisions provided in Section 10.4. You and we understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited. The parties waive their rights to a jury trial and to have any Dispute resolved in court. Either party may seek provisional remedies from a court without waiving arbitration rights. The arbitrator shall:  (a) apply California or applicable federal law; (b) issue a written decision; (c) have no authority to modify these Terms; and (d) allocate costs proportionally based on each party's success on the merits.

Delegation; Interpretation. To the extent permitted by law, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes, including, but not limited to, any claim that all or any part of these Terms are void or voidable. This arbitration agreement is intended to be broadly interpreted and will survive termination of these Terms.

Severability. If any provision of this arbitration agreement is found unenforceable, that provision will be severed, and the rest of the arbitration agreement will remain in full force and effect. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS, IF ALL OR ANY PORTION OF THE CLASS ACTION AND REPRESENTATIVE-TYPE WAIVER PROVISIONS OR MASS ARBITRATION PROVISIONS ARE FOUND TO BE INVALID OR NOT ENFORCEABLE, THEN THE ENTIRETY OF THE AGREEMENT TO ARBITRATE WILL BE DEEMED VOID AND ANY CLAIM OR DISPUTE WILL THEREFORE BE RESOLVED IN COURT RATHER THAN BY INDIVIDUAL ARBITRATION.

10.3  Rules for the Arbitration.

• The dispute resolution and arbitration provisions in this section shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”) and the JAMS Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”). 
• The arbitration will be administered by a single arbitrator by JAMS.
• Unless contrary to the JAMS Rules, or the arbitrator believes an in-person hearing is necessary, both parties agree that arbitration hearings may be conducted by videoconference. If the arbitrator believes an in-person hearing is necessary, the location of an arbitration hearing will be decided pursuant to the JAMS Rules.
• In an arbitration, the arbitrator shall allow dispositive motions and follow the Federal Rules of Evidence.
• The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party.
• The seat of the arbitration, to the extent it becomes necessary to name an arbitral seat or determine the forum of the arbitration, shall be Los Angeles, California. The procedural law that governs the arbitration shall be California law.
• Unless Fuze expressly consents, the arbitrator may not award relief against Fuze respecting any person other than you or the parties to a Mass Arbitration if applicable.
• All parties to an arbitration have the right, at their own expense, to be represented by counsel of their choosing. The parties agree that their respective counsel (if any) in the arbitration will each be bound by, and must certify compliance with, Rule 11 of the FRCP including to prevent the initiation or pursuit of frivolous or improper claims. Any violations of Rule 11 of the FRCP are subject to sanctions by the arbitrator or process administrator under the FRCP, JAMS Rules, or other applicable federal and state law.

Mass Arbitration. For mass arbitrations (which are defined as 25 or more similar demands for arbitration filed against the same party or related parties by individual claimants represented by either the same law firm or law firms acting in coordination), the JAMS Mass Arbitration Procedures and Guidelines (“JAMS Mass Arbitration Rules”) shall apply. In such proceedings, the parties agree that, notwithstanding any other provisions of this Agreement, the Process Administrator (as described in the JAMS Mass Arbitration Rules) and the arbitrators shall have the authority to implement the procedures set forth in the JAMS Mass Arbitration Rules, including the authority to batch together individual arbitration demands into a single coordinated proceeding. Section 10.1 applies to a Mass Arbitration, including the agreement that neither you nor Fuze shall be required to pay any arbitration fee until the claimant has sent a fully compliant Notice of Dispute. If these Mass Arbitration provisions and rules are found to be invalid for any reason, the parties agree that the arbitration agreement contained in this Agreement is severed, and the parties may resolve their Dispute in a court of competent jurisdiction.
Exception – Litigation of Intellectual Property Claims. Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright or trademark infringement, Computer Fraud and Abuse Act claims, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted for the Services or Content under these Terms.
‍Exception – Small Claims Court. Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court’s jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed, either party can send written notice to the opposing party and the arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider shall close the case.

10.4  Class Action Waiver.

TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER YOU NOR FUZE SHALL BE ENTITLED TO PARTICIPATE IN ANY PAST, PENDING, OR FUTURE CLASS OR OTHER REPRESENTATIVE-TYPE ACTIONS, TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES OR TO PARTICIPATE IN OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU AND FUZE ARE EACH EXPRESSLY AND UNCONDITIONALLY WAIVING SUCH RESPECTIVE RIGHTS. The arbitrator may not consolidate claims or preside over any class proceeding.

10.5  Jury Trial Waiver.

BY AGREEING TO ARBITRATE, YOU AND FUZE IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF THESE TERMS OR THE SERVICES.

10.6  Opt-Out.

You have the right to opt-out and not be bound by the arbitration agreement by sending us a written notice to our registered address at: FUZE TECHNOLOGY INC. 3100 E 12th Street, Los Angeles, CA 90023 followed by a copy to legal@fuzetechnology.com. You must sign and date the notice, and include in it your name, address, email address and a clear statement that you are opting out of this arbitration agreement. The notice must be sent within 30 days of the date you first access the Services or accepted these Terms; otherwise you shall be bound by the arbitration agreement.
If you opt out, neither party is bound by arbitration, but all other provisions remain in effect. 

11.   REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS

11.1  Your Representations.

You represent and warrant that:  (a) you have legal capacity and authority to enter into these Terms; (b) your use of the Services will comply with all applicable laws; (c) all information you provide to Fuze in connection with your registration, account, or use of the Services is and will remain accurate, current, and complete, and you will promptly update such information as necessary to maintain its accuracy; and (d) you have read, understood, and agree to be bound by these Terms and any other policies or guidelines incorporated herein by reference, including Fuze’s Privacy Policy; and (e) if you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and in such case “you” and “your” shall refer to such entity.

11.2  Disclaimer.

YOU USE THE SERVICES AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, CONTENT, CHARGERS, AND STATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY, OR NON-INFRINGEMENT.  FUZE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.  NO ADVICE OR INFORMATION OBTAINED FROM FUZE CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN.  WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY DAMAGES TO OR VIRUS(ES) THAT MAY INFECT YOUR DEVICE (COMPUTER EQUIPMENT, CELLULAR/MOBILE PHONE OR OTHER PROPERTY). YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SAFEGUARD PROCEDURES AND VIRUS CHECKS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THESE EXCLUSIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW, INCLUDING THE MANDATORY CONSUMER GUARANTEES REFERENCED IN SECTION 9.

11.3  Service Availability.

Fuze does not guarantee continuous or uninterrupted access to the Services. Fuze reserves the right to modify, suspend, or discontinue any Service, feature, or pricing at any time, with or without notice, and without liability except as required by applicable law.

12.   LIMITATIONS OF LIABILITY

12.1  Released Parties.

You have no rights or remedies against venue operators, property owners, or other entities that control the location of any Station ("Released Parties") in connection with these Terms. You release Released Parties from all related claims.

12.2  Device Damage.

Fuze is not responsible for damage to your devices or property arising from your use of the Services, Chargers, or Stations. You assume all risk associated with connecting your device to any Charger or Station, including without limitation any risk of data loss, data corruption, unauthorized access to your device, electrical damage, or other harm to your device or its contents. Fuze makes no representation or warranty that the Chargers or Stations are free from defects, malware, or electrical irregularities that could damage your device. You are solely responsible for taking appropriate precautions before connecting your device to any Charger or Station, including backing up your data and using appropriate protective accessories. To the fullest extent permitted by applicable law, Fuze hereby disclaims all liability for any direct, indirect, incidental, consequential, or punitive damages arising from or related to any damage to your devices or property in connection with your use of the Services, Chargers, or Stations.

12.3  EXCLUSION OF INDIRECT DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FUZE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, LICENSEES, SUCCESSORS, ASSIGNS, AND ANY PARTY INVOLVED IN THE CREATION OR DELIVERY OF THE SERVICES ("RELEASEES") WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES — INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION — ARISING FROM THE SERVICES, REGARDLESS OF THE LEGAL THEORY AND WHETHER FUZE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

12.4  LIABILITY CAP.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FUZE'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF:  (A) FIVE HUNDRED DOLLARS (USD $500.00); OR (B) THE TOTAL FEES PAID BY YOU TO FUZE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT RECOVER FROM FUZE ANY LOSS OR DAMAGE ATTRIBUTED TO, OR AMOUNT PAID BY, ANY USER, USER’S REPRESENTATIVE, OR OTHER.

12.5  Mandatory Consumer Law.

The limitations in this Section 12 do not apply to the extent prohibited by applicable law, including the mandatory consumer protections referenced in Section 9. Nothing in these Terms excludes or limits Fuze's liability for death or personal injury caused by Fuze's negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.

13.   INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Fuze and the Releasees from all liabilities, claims, damages, losses, costs, and expenses — including damage awards, settlement amounts, and reasonable legal fees, reasonable attorneys' fees — arising from: (a) your use of the Services, including but not limited to any dispute with one or more other users of the Services; (b) your violation of these Terms; (c) your violation of any law; (d) your violation of any third-party right; (e) your User Submissions or User Content; (f) your use of Third-Party Platforms; or (g) another person's use of a Charger rented through your Account. This Section 13 does not apply to consumers in jurisdictions where consumer indemnification obligations are prohibited by applicable law (see Section 9).
You acknowledge and agree that each of the Releasees has the right to assert and enforce its rights under this Section directly on its own behalf as a third party beneficiary. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

14.   LIMITATION ON CLAIMS

To the fullest extent permitted by applicable law, any claim or cause of action arising out of or related to these Terms or the Services must be filed within one (1) year after the claim or cause of action arose, regardless of any statute of limitations to the contrary.  Claims filed after this period are permanently barred.  This limitation does not apply where a shorter or longer limitations period is mandated by applicable law that cannot be contractually modified.

15.   GENERAL PROVISIONS

15.1  Modifications.

Fuze reserves the right to modify these Terms at any time and for any reason, in its sole discretion. When we make changes, we will post the revised Terms on our website and update the Effective Date. Posting on our website constitutes sufficient notice of any modification. Where required by applicable law, we will provide additional notice through one or more methods determined by Fuze in its discretion, including website banners, in-app notifications, or communications to your Account contact information. Your continued use of the Services after the effective date of a revised version constitutes your acceptance. Where applicable law requires affirmative consent rather than continued-use acceptance, we will obtain such consent as required. Changes to pricing and payment terms will not apply retroactively to transactions already initiated.

15.2  Governing Law.

These Terms, and all claims or causes of action (whether sounding in contract, tort, any statutory cause of action, or any other legal theory) that may be based upon, arise out of or relate to this Terms, the use of the Services, the rights and responsibilities of the parties, and all other disputes between the parties shall be governed by, and enforced in accordance with, the laws of the State of California, without regard to or application of conflict of law. Subject to Section 10, exclusive jurisdiction for disputes not subject to arbitration lies with the state and federal courts in Los Angeles County, California.  The UN Convention on Contracts for the International Sale of Goods does not apply.  For users outside the United States, mandatory consumer protection laws of your jurisdiction of residence apply to the extent they cannot be contractually limited (see Section 9). 

15.3  Force Majeure.

Neither party is liable for delays or failures in performance resulting from causes beyond reasonable control, including natural disasters, acts of government, pandemics, wars, civil unrest, power failures, telecommunications disruptions, cyberattacks, or acts of third parties.

15.4  Entire Agreement.

These Terms, together with the Privacy Policy and any additional terms applicable to specific Services, constitute the entire agreement between you and Fuze and supersede all prior agreements, representations, and understandings.

15.5  Severability.

If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions continue in full force.  If any provision is deemed unenforceable in a particular jurisdiction, it is modified or severed only with respect to that jurisdiction and remains in effect elsewhere.

15.6  Waiver.

Fuze's failure to enforce any provision does not waive its right to do so in the future.  No waiver is effective unless in writing signed by an authorized Fuze representative.

15.7  Assignment.

Fuze may assign these Terms or any rights hereunder at any time without notice, including in connection with a merger, acquisition, reorganization, or asset sale.  You may not assign without Fuze's prior written consent.

15.8  Interpretation.

Section headings are for reference only.  "Including" and similar expressions are illustrative and non-exhaustive.  These Terms will be construed without presumption against either party as drafter.

15.9  Survival.

All provisions that by their nature should survive termination will survive, including Sections 4.3 (Data Rights), 5 (User Content), 11 (Disclaimers), 12 (Liability), 13 (Indemnification), 14 (Limitation on Claims), and 15 (General Provisions).

15.10  Contact.

Questions about these Terms may be submitted through the contact form on our website.

15.11  Copyright.

All content is Copyright © 2026, Fuze Technology Inc. and/or its licensors.  ALL RIGHTS RESERVED.

Fuze Technology Inc.
These Terms govern all current and future FUZE products and services.